DETAILS OF THE INDICTMENT

Abstract

The article examines the details of an indictment. The purpose of the article is to define the details of an indictment, as well as their importance for the correct drafting and approval of this document.The author substantiates that an indictment meets the characteristics of a criminal procedural document, an official document and an official document of the prosecutor’s office. Thus, like any official document, an indictment has a set of mandatory elements which are its requisites.Thus, determining the requirements for the details of an indictment requires reference to both the provisions of criminal procedure law and the provisions of legislation that define the general requirements for an official document, as well as the rules of office work of the prosecutor’s office.Based on the analysis of this legislation, the following mandatory details of the indictment are identified: 1) name of the legal entity – the name of the prosecutor’s office whose prosecutor drew up or approved the indictment; 2) registration index of the document; 3) name of the type of document – indictment; 4) date and place of its drawing up and approval; 5) heading to the text of the document (must include the name of the criminal proceedings and its registration number); 6) text of the document, which must contain: a) personal data of each accused; b) statement of the actual circumstances of the criminal offence, which the prosecutor considers established, legal qualification of the criminal offence. The indication in the indictment of optional details relating to its text depends on the actual circumstances of criminal proceedings.The author argues that the absence of at least one of the required details in an indictment or their incorrect indication entails that it does not acquire the necessary procedural properties and forms the basis for returning the indictment to the prosecutor.